News

The British Association of Social Workers may mount a legal challenge against five councils that refuse to allow the organisation to represent its members at disciplinary meetings.

The move follows a long-running case involving a former care manager who approached BASW for help after suffering work-related stress while an employee of Kent Council but was told the council did not recognise BASW.

Director of BASW Ian Johnston said: "The problem is these authorities are interpreting the Advisory, Conciliation and Arbitration Service (Acas) guidelines in a very narrow way. We are currently seeking legal advice on how to prevent them doing this under the Human Rights Act 1998, which says you are entitled to be accompanied to meetings by whomever you choose."

Guidance issued by Acas states that an individual may be accompanied to disciplinary meetings by a friend, colleague or trade union. BASW is a professional organisation.

Johnston said the organisation had considered registering as a trade union to eradicate the problem but had decided against it because it did not hold any other trade union functions.

Meanwhile, the former hospital manager, who does not wish to be named, has written to BASW demanding seven years' worth of contributions to be refunded, claiming it was not made clear to her that BASW could not represent her in disciplinary proceedings.

"I have also suggested that they should write to each new member telling them if they cannot represent them. If I had known that they wouldn't be able to help I would have joined a trade union," she said.

But Johnston said: "We make no pretence of being a trade union and every new member is sent a brochure explaining the limits of our advisory service. We will not refund this person's money because contributions pay for many other things, not just the advice service."

He added: "I don't accept that our service has been deficient."

The four other councils that do not allow BASW to be involved in disciplinary proceedings are Ealing, Harrow, Croydon and Hounslow.